David Scott
Robert FlorioLOUISVILLE, KY (WAVE) - WAVE 3 continues to follow the case of a Trinity High School teacher accused of inappropriately touching one of his students. Donald Switzer is facing a sexual abuse charge and a harassment charge.
The 63-year-old was not in court Tuesday. He posted his bond shortly after he was arrested back in June. Investigators say he groped a 15-year-old male student at Trinity High school, the alleged incident happened in February.
Tuesday the prosecutor, David Scott, wanted to add evidence from an allegation that just surfaced this year, dating back to 16 years ago that Switzer inappropriately touched another student.
"What we are trying to do is introduce evidence that will help inform a jury as to why this teacher did touch this student," said Scott. "The Kentucky rules of evidence allow us to put in certain prior acts of defendant to show certain things like intent, knowledge, preparation, plan."
"It doesn't have anything to do with the charges that he is facing against the minor at Trinity now," said Switzer's attorney, Robert Florio. "It could be used in evidence to sway a jury, to make a jury think...well, if he did this in the past maybe he did do this fella here in the present."
Judge Arnold Armstrong said he will make a decision December 13 on whether he will allow this new evidence.
Switzer has been on leave from Trinity since early February. He taught Spanish there for nearly 40 years.
His trial is expected to start in February.
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